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Exercising the rights of access, rectification, cancellation, opposition and portability of personal data (known as ARCOP rights) allows us to observe the flaws in the bureaucratic procedures of the authorities.
At a recent plenary meeting of the National Institute for Transparency, Access to Information and Personal Data Protection (INAI), we addressed a case that showed that certain government actions could endanger the integrity of minors, for example, by questioning the passport that allows you to leave the country.
The relationship between the protection of personal data and the correct operation of the immigration process for minors to obtain a Mexican passport is crucial. The sensitive information of minors and their parents or guardians must be properly handled to avoid improper use and to ensure their privacy. This is essential to prevent situations such as identity theft or human trafficking.
In the case I mentioned, a person was asked to produce an identity document and a signature authorizing the issuance of a passport for his minor daughter to the Ministry of Foreign Affairs (SRE) office. Furthermore, the applicant mentioned that he had no knowledge or consent to the above procedure.
In its response, the SRE disclosed the identified information after authenticating the personality of the owner and the minor. However, the citizen complained to the INAI Secretariat, saying that the institution asked him to show his daughter’s INE document, which was not feasible because the minor did not have the aforementioned identification document.
My resolution as National Commissioner is to modify the SRE’s response so that it provides pre-authenticated information at the office closest to the citizen’s home.
Official information mentions that to obtain a passport for a minor, both parents or the person exercising parental authority must be present. The trend in this procedure favors the use of new technologies to speed up registration, payment and appointments through the Internet, allowing for a more flexible process. Similarly, since 2021, new electronic passports have been launched that contain chips, holograms and polycarbonate sheets as security measures, the properties of which make them unforgeable.
In this context, we are seeing more resources being directed towards passport security, so it is vital that the personal data of minors is handled with the highest level of confidentiality and protection. Protecting this data includes verifying the authenticity of submitted documents, ensuring only authorized personnel have access to the information, and maintaining accurate records to prevent fraud and errors.
Properly implemented ARCOP rights allow citizens to control how their personal data or that of their children is used, ensuring that any irregularities are promptly rectified and that the information is processed in accordance with data protection law. Protecting the integrity and safety of minors is of paramount importance, as they are a particularly vulnerable group in migration and international travel.
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@JulietDelRio
INAI Specialist
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